Case Type
Holdover-Non-primary Residence
Housing Type
Mitchell-Lama
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154431/22
Slip Opinion Number
2022 NY Slip Op 33595(U)
Petitioner
George Kralik
Respondent
New York City Department of Housing Preservation & Dev., Tri-Faith Housing Company, Inc.
Judge
Love, Laurence L.
Decision/Order Date
2022-10-18
Posture
Other
Disposition
Judgment for Respondents
Winner
Landlord Substantially Won
Synopsis
In a New York City Mitchell-Lama apartment dispute, the landlord denied the tenant's son succession rights to his deceased mother's unit due to insufficient proof of co-residency during the required timeframe. While income affidavits suggested joint occupancy, tax returns, car registration, and contradictory sworn statements cast doubt on the son's primary residence. Key legal points: 1) Strict residency requirements must be met for succession; 2) Income affidavits alone lack conclusive weight; 3) Inconsistent evidence can lead to claim denial; and 4) The landlord has a legal duty to enforce Mitchell-Lama regulations, regardless of the housing company's stance.
Recommended Citation
"George Kralik v. New York City Dept. of Hous. Preserv. & Dev." (2022). All Decisions. 1293.
https://ir.lawnet.fordham.edu/housing_court_all/1293
